UPDATE: A group is now planning to protest what it describes as the nightclub's discriminatory policy from 6 to 9 p.m. Thursday, according to a Facebook post.

Bobby Rodriguez, 21, wiped off his makeup Wednesday night because he wanted to dance.

Rodriguez,
of Kingsville, was in Corpus Christi for a night out and says he was
denied entry to Whiskey River nightclub because he was wearing fake
eyelashes and lipstick.

"I approached the door I
handed my ID to the security at the door (and) his words were
and, I quote, 'unfortunately, you cannot enter because you are wearing
makeup and we have a rule here that says men need to dress like men,' "
Rodriguez said. "I literally had to walk back to my car and rip my false
lashes off and wipe off my lipstick.

"I was so upset, I mean, who wouldn't be?"

Bobby
Rodriguez, of Kingsville, was in Corpus Christi for a night out and
says he was denied entry at Whiskey River night club because he was
wearing fake eyelashes and lipstick. (Photo: Beatriz Alvarado/Caller-Times)

Angela
Blohm is registered as the nightclub's owner in the state's business
directory. She expressed fear of retaliation, but defended the business'
policy.

Blohm referred to Rodriguez's allegations
as "just a bunch of frivolous baloney," adding that although a "gender
appropriate" dress code is in place at the business there is no way to
prove the encounter took place.

"Whiskey River has a
standard dress code that states everyone must dress gender appropriate
to the gender stated on their state-issued driver's license," Blohm
said.

"The conversation that was held at the door cannot be verified."

Blohm declined to detail if any signs regarding the dress policy are posted at her business.

Signs detailing the dress code are not visible from outside the nightclub.

The experience was offensive and came off as discriminatory, Rodriguez said.

Federal
law that prohibits discrimination by private businesses — Title II of
the Civil Rights Act of 1964 — only prevents businesses from refusing
service based on race, color, religion, or national origin.

Federal law does not prevent businesses from refusing service to customers based on sexual orientation.

Some states and cities provide those protections for residents. Not Texas.

"Unfortunately, that's currently not against the law in Texas," said Chuck Smith, the chief executive officer of Equality Texas, an advocacy group for LGBTQ Texans.

"If
it's the intent of the business to refuse entry to gay or transgender
people, it's not illegal but I would certainly see they are seeking to
discriminate."

"If the purpose of the
dress code is to exclude LGBTQ people from entering then the dress code
is not any different than putting up a sign that states 'we don't serve
your kind.' "

Twelve Texas cities with populations
of more than 100,000 that have rules in place to protect residents or
city employees based on sexual orientation or gender identity, according
to a 2016 report from the Texas Tribune.

Corpus
Christi has no explicit protections for LGBTQ residents although the
city did amend its employment policy in 2016 to ban discrimination
against LGBT employees and applicants for city jobs, according to the
report.